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HomeMy WebLinkAbout931207.tiff RESOLUTION RE: APPROVE THIRD AMENDMENT CONTRACT FOR CDBG FUNDS AND AUTHORIZE CHAIRMAN TO SIGN - WELD/LARIMER REVOLVING LOAN FUND WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Third Amendment Contract for Community Development Block Grant (CDBG) funds for the Weld/Larimer Revolving Loan Fund with the Colorado Department of Local Affairs, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Third Amendment Contract for Community Development Block Grant (CDBG) funds for the Weld/Larimer Revolving Loan Fund with the Colorado Department of Local Affairs be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of November, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: Lejea41 WEE, COUNTY, COLORADO Weld County Clerk to the Board onstance L. Harbeert, JC airman 67 /7C YR p BY: , Deputy e o the taard W. H. bster, Pp-Teemm APPRO S TO FORM: r � eorge Baxte County Attorn y ale . Hall EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 931207 C � x , DEPARTMENT OR AGENCY NUMBER NAA Form 6-AC-021(R 5/85) CONTRACT ROUTING NUMBER CDBG 89-685 GRANT BUDGET LINE THIRD AMENDMENT CONTRACT THIS CONTRACT, made this day of 19 . by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County, Colorado, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number , Appropriation Code , Org. No. Contract Encumbrance Number C 859685; and WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State and the Contractor have previously entered into a Contract dated February 6, 1990, with Contract Routing Number 89-685, and Contract Encumbrance Number C 859685, hereinafter referred to as the Original Contract, for the expenditure of Community Development Block Grant ("CDBG") funds for a two-county Revolving Loan Fund ("RLF") program,and an Amendment to the Original Contract dated November 1, 1993,hereinafter referred to as the Amendment Contract, for the expenditure of CDBG funds for a working capital loan to Colorado Crystal Corporation in the amount of One Hundred Sixteen Thousand Four Hundred Thirty-seven and No/100 Dollars ($116,437); WHEREAS,Weld County has agreed to act as administrator for the state OBD, through its subgrantee Weld-Larimer Revolving Loan,for this loan and shall receive$5,000 in consideration for administrative costs incurred as a result of processing and servicing this loan; WHEREAS, the Executive Director of the Department of Local Affairs of the State of Colorado has determined it to be appropriate to approve a budget modification of CDBG funds totalling One Hundred Twenty-one Thousand Four Hundred Thirty-seven and No/100 Dollars ($121,437.00); and WHEREAS, the parties hereto now deem it necessary and desirable to amend the Original Contract in order to reflect these changes in the Budget. NOW THEREFORE it is hereby agreed that: Page 1 of 6 pages 9312'7 (Revised language will appear in bold type face) 1. A new provision shall be inserted as 1(b)8 on page 3 of 8 pages of Exhibit A of the Original Contract and shall read as follows: 8. As of the effective date of this amendment to the Contract, Contractor has agreed to assist OBD as an administrator for state OBD project assistance for Colorado Crystal Corporation. Contractor shall be required to perform those responsibilities delineated in the award letter dated November 1, 1993. A copy of the award letter is attached hereto as Exhibit D and shall be incorporated herein. Contractor shall receive written approval from OBD to alter any conditions contained in the original award letter (Exhibit D) unless expressly provided therein or unless Colorado Crystal Corporation is in default of any required loan provisions. If conditions are not specifically stated in the original award letter (Exhibit D),then Contractor shall administer Contractor's standard policies and provisions. Any proceeds from the Colorado Crystal Corporation loan shall be retained locally by Contractor or its subgrantee to be added to other funds committed to continue the operation of the revolving loan fund. 2. Provision 3 on page 4 of 5 pages of Exhibit A of the Original Contract and Provision 13 on page 5 of 9 pages of the Amendment Contract and Provision 12 on page 4 of 8 pages of the Second Amendment Contract are amended to read as follows: 3. Budget a. REVENUE Community Development Block Grant Funds $850,000 Contractor/Local Injection (a minimum of) $72,000 Other Leveraged Funds (a minimum of) $1,764,000 TOTAL $2,686,000 b. EXPENDITURES State Other Line Item Total CDBG Funds Sources RLF Assistance to $2,030,563 $416,563 $1,614,000 Bank, Private Businesses Investors, Other Lenders State Pass-Through $526,437 $376,437 $150,000 Banks, Assistance to Investors, Private Businesses Other Lenders Page 2 of 6 pages 93120'7 Pass-Through $7,000 $7,000 -0- Administration Administration (A) $122,000 $50,000 $72,000 Contractor TOTALS $2,686,000 $850,000 $1,836,000 (A) Contractor is permitted to apply a maximum $32,100 of program income to administration in addition to the above approved budget for the term of the Contract, including extensions to the term of the Contract. 3. Provision 1(b)1 on page 3 of 5 pages of Exhibit A of the Original Contract and Provision 8 on page 4 of 9 pages of the Amendment Contract and Provision 8 on page 3 of 8 pages of the Second Amendment Contract are amended to read as follows: 1. The CDBG contribution to the Project, exclusive of program income, shall not exceed Eight Hundred Fifty Thousand Dollars($850,000.00). Of this total appropriation, Four Hundred Sixteen Thousand Five Hundred Sixty Three Dollars ($416,563.00) shall be applied to the RLF and Three Hundred Seventy Six Thousand Four Hundred Thirty Seven Dollars ($376,437.00) shall be applied toward state OBD projects and costs related thereto. All other terms of the Original Contract shall remain in full force and effect. Page 3 of 6 pages • 93122"7 Fonv 6-ACR2B(Rev.1193) SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance, or improvement of any building,road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,prevendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight percent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents, against any and all claims,damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402),and as required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed,color, national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following: employment upgrading,demotion, or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non- discrimination clause. (b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color, national origin,sex, marital status,religion,ancestry,mental or physical handicap,or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action, dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. Page 4 of 6 pages 931207 (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,sex,national origin,or ancestry. (f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules,regulations,or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that is the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 &102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),and that no violation of such provisions is present. 10. The signatories aver that to their knowledge,no state employee has a personal or beneficial interest whatsoever in the service or property described herein. Page 5 of 6 pages .r 9312017 IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) Weld County Board of Commssioners STATE ROY ROOFER, GOVERNOR P.O. Box 758 Greeley, CO 80632 -- By: *5 Executive Director Position (Title) C hl_t rman Department of Local Affairs 4 4 - 000313 Social Security Number of Federal I.D.Number By: 47� ;Mi>_-6 ,I i1/c2q/13 Its: Chairman (If Corporation:) Life/ iLiA ,G azyn Attest (Seal) By: Town/City/County Clerk 4C Board APPROVALS: ATTORNEY GENERAL CONTROLLER By: By: Page 6 of 6 pages 931297 EXHIBIT D Award Letter to Colorado Crystal Corporation 931297 COLORADO November 1, 1993 Mr. Edward L. Shideler President Colorado Crystal Corporation 2303 West 8th Street Loveland, CO 80537 Dear Mr. Shideler: Office of Bus On behalf of the Financial Review Committee ("FRC") of Business Development 1625 Broadway,Suite 1710 the Governor's Office of Business Development ("OBD") , I Denver,Colorado 80202 am pleased to inform you that we have approved your (303)692-3640 request for a Community Development Block Grant ("CDBG") (303)692-3646 fax loan in the amount of $116, 437 . The funds will be 1-800-659-2656 TDD granted to the Weld/Larimer Revolving Loan Fund via Weld Roy er G County ("Contractor") , which in turn will make a loan to Governor vemor Colorado Crystal Corporation subject to the terms and conditions set forth below. • In reaching its decision, the FRC considered many aspects of the application and business plan including finance and management capability, job impacts, economic impact and, in particular, Bank One's continuing commitment to this project. The closing of this loan is subject to the terms and conditions as follows: 1. Borrower: The project loan shall be made to Colorado Crystal Corporation ("CCC") . 2 . Loan Amount: A project loan in a principal amount not to exceed $116, 437 will be provided to pay off the principal balance of CL 03-57/6086 in the amount of $18, 631. 31 and to reduce the principal balance of CL 03-57-6087 by $97 , 805. 69 . Both of these notes are currently with Bank One, Fort Collins/Loveland, NA. 3 . Interest Rate and Terms: The project loan shall bear interest at a rate of six percent (6. 0%) per annum with a seven (7) year term, inclusive of the deferral period. Principal payments shall be deferred for one (1) year beginning with the effective date of the loan. Interest during the one (1) year deferral period shall be paid monthly. 931207 Mr. Edward L. Shideler November 1, 1993 Page 2 4 . No Prepayment Penalty: There will be no prepayment penalty on any portion of this loan. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent payments nor change the amount of such payment. 5 . Documents Required Prior to Disbursement of CDBG Funds: a. Contractor and the state shall execute an amended performance contract that will be submitted to the State Attorney General's Office and State Controller for approval. b. CCC shall submit to Contractor a corporate resolution authorizing the business to borrow and stating the appropriate officers who are designated to sign the loan documents. CCC shall additionally submit CCC's articles of incorporation and CCC's incorporating by-laws to Contractor. c. Contractor shall perfect the note and loan agreement (at a minimum as specified within the body of this letter) and collateral documentation to obtain a second lien (second only to Bank One, Fort Collins/Loveland, NA) on CCC's assets in addition to One Hundred Thousand and No/100 Dollars ($100, 000) of publicly traded stock acceptable to the OBD. Contractor's collateral shall, at a minimum, duplicate Bank One's collateral except for lien position. A lien search and insurance on CCC's assets (naming Contractor as second loss payee) shall be required as part of the collateral documentation. See also number 16. Keyman life insurance covering Mr. Edward Shideler and Mr. Don Hammond (each policy for the loan amount) will be required. The amount of keyman life insurance may decline during the loan term as long as the amount of each policy remains equal to or greater than the outstanding loan balance. d. Contractor shall obtain a written employment plan from CCC in which CCC confirms that: • CCC currently employees 106 persons, of which 68% qualify as low and moderate income persons; and • 27 of the 106 current employees live in the unincorporated areas of Weld and Larimer Counties, of which 63% are low and moderate income persons. 931207 Mr. Edward L. Shideler November 1, 1993 Page 3 e. Contractor shall obtain a written commitment from CCC in which CCC confirms that: • CCC shall restructure its employee bonus plan by December 31, 1993 to ensure that bonuses are based on the fiscal semi-annual year end results for CCC. • CCC will obtain Contractor's approval before in- curring additional debt exceeding Fifty Thousand and No/100 Dollars ($50, 000) , exclusive of accounts payable, stockholder loan's, and accruals in the normal course of business, during the term period specified in the contract/loan documents. Contractor may alter or delete this requirement at its option. • CCC will obtain Contractor's approval before paying principal's salaries, principal's bonuses, and principal's dividends in excess of Sixty Thousand and No/100 Dollars ($60, 000) plus tax payment requirements during the term specified in the contract/loan documents. A principal is defined as any individual or entity owning greater than twenty percent (20%) of CCC. Contractor may alter or delete this requirement at its option. f. Contractor shall obtain CCC's written consent to permit the Contractor, state or their agents, until the loan has been fully repaid with interest, the right at all reasonable business hours to inspect the collateral securing the loan. CCC shall further agree to provide the Contractor and state or their agents free access to CCC's premises for the purpose of such inspection to determine the condition of the collateral. g. CCC shall repay Contractor for contract funds expended in the event CCC does not fulfill its responsibilities under the loan documents. 6. Contractor shall receive documentation of the Company's executed renewed notes and loan agreement (as specified below) with Bank One, Fort Collins/Loveland, NA simultaneously when contract funds are disbursed: a. CL 03-57/6087 renewed in the amount of $87,983 . 19 based on an amortization period of 6 years. The term of the note shall be, at a minimum, 3 years. 931207 Mr. Edward L. Shideler November 1, 1993 Page 4 b. ML 7036730 renewed in the amount of $261, 329. 04 based on an amortization period of 5 years. The term of the note shall be, at a minimum, 3 years. c. Loan agreement restrictions acceptable to Contractor. Contractor shall obtain a copy of Bank One's loan documentation, including a satisfactory copy of the Bank's title policy. 7 . Taxes: CCC shall certify that all requisite tax returns have been filed and CCC shall have paid by December 31, 1993 all existing taxes (existing past due taxes and any additional accruals due) which are due pursuant to said returns or pursuant to any assessments levied against CCC, its personal or real property. No tax liability has been asserted for taxes materially in excess of those already provided for and CCC knows of no other basis for any such deficiency. CCC shall certify that all future taxes will be paid when due. 8 . Warranty of Representations: All representations made on behalf of CCC to OBD in connection with CCC's application for financing are accurate, true and correct and the use of loan proceeds shall be as set forth in the application, loan agreement, and other documents referenced herein. 9 . Change of Ownership: The OBD and Contractor prohibit the sale, transfer or assignment of stock of CCC which at any time results in a change in the majority of ownership of CCC without prior written consent of the state's Office of Business Development. Upon receipt of notice, OBD will determine whether the potential owner meets its criteria; if not, the outstanding portion of the loan will be due and payable at the time of transfer of ownership. 10. Relocation: In the event the company ceases operation in Loveland, Colorado, Contractor shall require CCC to give OBD and Contractor written notice within five (5) days from the time CCC ceases full operation. The loan will be due and payable upon receipt of the notice without any notice in return from OBD or Contractor. 11. Material Change: As of the date of funding, OBD shall be under no obligation to fund this loan should there be any adverse material change in CCC's financial position that affects CCC's ability to repay the project loan or makes unreasonable or unreliable any of the financing assumptions upon which such loan approval was predicated or on any other aspect of financing of which the project loan is a part. 931207 Mr. Edward L. Shideler November 1, 1993 Page 5 12 . Assignability of Commitment Rights: This commitment is made in favor of only CCC, the entity addressed in paragraph 1 hereunder. This commitment is not assignable by CCC, or transferable by operation of law, or otherwise, except with prior written consent of the OBD. 13 . Financial Reports: Monthly corporate financial statements will be required to be submitted to Contractor for the term specified in the contract/loan documents. 14 . Environmental Review: Environmental review clearance, completed by Contractor, on the subject property is required as part of the CDBG application before the loan can be made. 15. Compliance with Zoning and other Applicable Laws: CCC hereby warrants that CCC is in compliance with all applicable zoning and other federal, state, county, and city statutes, rules, regulations, and ordinances. 16 . Maintain and Insure Property: CCC agrees to maintain, during the term of the loan, adequate hazard insurance policies covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and form and with payee clauses in favor of Contractor. CCC further agrees to maintain adequate liability and worker's compensation insurance in amounts and form acceptable in CCC's industry. 17 . Loan Cost: All costs of making this loan, including but not limited to title insurance, UCC searches, surveys, Contractor's counsel review fees, recording costs, and all incidental costs of financing are to be paid by CCC. 18 . Term of Commitment: The commitment for this loan shall expire on January 30, 1994. 19 . Effectiveness of Commitment: This commitment shall not become effective unless a copy of this letter is returned to OBD within twenty (20) days hereof with acceptance endorsed thereon by the signature of an authorized officer or agent of CCC. If you have any questions or concerns about the documents or conditions of this letter, please call Jaime G. Gomez or Alice K. Kotrlik at (303) 892-3840 at the Office of Business Development. 931207 Mr. Edward L. Shideler. November 1, 1993 Page 6 We wish you success in your business venture and hope that this award will assist you in obtaining your business goals. Sinc rely/ ✓ /John M. Mullins / Special Assistant to the Governor for Economic Development Director, Office of Business Development cc: Lead Applicant (Weld County) William J. Argo, Director, Weld/Larimer 'Revolving Loan Fund Jodi Hartmann, Manager, Weld/Larimer Revolving Loan Fund Mike Pickett, Bank One, Fort Collins/Loveland State Senator Jim Roberts State Representative William G. Kaufman Credit File . Jaime G. Gomez, OBD Bill Timmermeyer, DOLA Bonnie Kugler, DOLA Mary Cornish, DOLA ACCEPTED: COLORADO CRYSTAL CORPORATION By: Date: Its: 9312137 --4DDITI0N TO 11/22/93 MEETING .\\ ,\ A COLORADO November 9, 1993 Jodi Hartmann Manager Weld/Larimer RLF P.O. Box S Greeley, CO 80632 RE: RLF Third Amendment Contract / No. 89-685 Office of Business Development Dear Jodi: 1625 Broadway,Suite 1710 Denver,Colorado 80202 Enclosed is the RLF Third Amendment Contract for your (303)892-3840 review. Please have the Chairman of the Weld County (303)892-3848 fax 1-800-659-2656TDD Commissioners sign all four contracts and have the contracts attested by the Corporate Secretary or the Roy R.Romer Governor equivalent person to that position. Please return all four contracts with original signatures to me so that I can forward them for processing at the Department of Local Affairs. Please do not date the contract. Please call me at 892-3840 if you have any questions or concerns. Thanks for all your help and promptness with the contract process. Sincerely, J/W ( (r4_ 1� Alice K. Kotrlik Business Finance Specialist Enclosures 931207 Hello